• Abstract and Figures
• Public Full-text

ASSUMPTION OF RISK, RELEASE AND LIABILITY WAIVER This Event may involve serious risk of injury. I understand that by signing this form, I am giving up the right to sue if I am injured while participating in this Event. As lawful consideration for being permitted by Nitro Circus Live Touring USA, Inc. (“Company”) to participate in and/or attend (“Participate”) an Event provisionally titled Hot Wheels Legends Showcase Presented by Nitro Circus at Nitro World Games 2019 (together with all ancillary and related activities, the “Event”) which shall take place on August 17, 2019 at Utah Motorsports Campus, 512 Sheep Ln, Erda, UT 84074, USA (“Location”), I agree to this Assumption of Risk, Release and Liability Waiver (“Release”) as follows: 1. I Understand The Risk Involved In Participating In The Event. I, ________________________________, am _____ years old and agree to voluntarily Participate in the. I understand that the activities involved in the Event are physically and mentally intense. I represent that I am physically fit, in good health, and have no physical or mental problems which would hinder me in any of such activities. I am sufficiently trained and experienced enough to understand the risks involved in the Event. 2. I Assume The Risk Of Injury By Participating In The Event. I understand and accept that participating in the Event may involve dangerous activities and may involve the danger of encountering known and unknown risks, including the significant risk of SERIOUS BODILY INJURY, illness, disability, emotional trauma, damage to property and DEATH (“Injuries”). I expressly and voluntarily assume full responsibility for these risks, from any cause including, without limitation, negligence, gross negligence, defective products, unknown obstacles, equipment malfunction, inadequate training, failure to supervise and failure to warn of potential risks. I understand that these risks may be caused by the Company, other participants, myself, any of the Released Parties or other third persons. 3. Liability Waiver, Release And Promise Not To Sue. I, on behalf of myself and each of my successors, heirs and assigns, unconditionally and irrevocably waive liability, release, promise never to sue, forever discharge and relinquish any and all rights, claims, demands, suits, actions, losses, damages, costs and expenses, including attorneys’ fees and costs (collectively, “Claims”), that I may incur or have against the Company, its affiliates, subsidiaries, parent companies, associates, related companies and body corporates (including but not limited to Nitro Circus Live Pty Ltd, Nitro Circus Touring Australia Pty Ltd, Nitro Circus Live USA Inc., Nitro Circus Live Touring USA, Inc., Nitro Circus IP Holdings GP Ltd, Nitro Circus Media Holdings Inc., Rush Sports Management Pty Ltd and each of their respective affiliates), Event production companies, landowners/lessors of the Event locations, hosts, sponsors, advertisers, featured talent or athlete(s) and each of their respective owners, associates, related entities, officers, shareholders, directors, employees and agents (“Released Parties”), arising from or related to my participation in the Event, or in any way arising from or related to the Event and/or Location, including, without limitation, any Claims arising from or related to: (i) the actions or omissions of any of the Released Parties, other participants, spectators or other third parties, including without limitation, any damage or injury to property resulting from such actions or omissions or otherwise; (ii) the inadequacy of any training or supervision; (iii) failure to investigate, keep safe or to warn of hazards known or unknown; (iv) any defect in or failure of the operation, installation, set up, manufacture, and/or design of any equipment, stage sets, or wardrobe, including without limitation, any motor vehicles or equipment to be used by me for the Event; (v) the conditions on or about the Location and of all equipment stored therein, including without limitation, any temporary equipment placed by the Company or Released Parties for the Event or otherwise; (vi) the breach of any implied or express warranty and/or representation of any of the Released Parties; (vii) transportation; (viii) weather conditions; and/or (ix) any other operations associated with the Event, and, with respect to each of the foregoing, whether based on tort (including, without limitation, acts of negligence and gross negligence), contract or any other theory of recovery in law or equity, whether for compensatory or punitive damages, equitable relief or otherwise, and whether now known or unknown, suspected or unsuspected (all of the foregoing shall be collectively referred to as the “Released Claims”). 4. Waiver of Unknown Claims. I expressly waive whatever benefits I may have under Section 1542 of the California Civil code (and any equivalent applicable law of the State in which this document is signed) which provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE 1 TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH DEBTOR.” 5. Indemnity. On behalf of myself and each of my successors, heirs, and assigns, I agree to defend (at Company’s request), indemnify and hold harmless each of the Released Parties from and against any and all Released Claims, and any and all third party Claims, arising from or in connection with: (a) any breach or alleged breach of this Release; and (b) my Participation in the Event, including, without limitation: (i) any Injuries to me (including, for the avoidance of doubt, Injuries to my property); (ii) any Injuries to third parties or their property directly or indirectly arising from my Participation in the Event; and (iii) and any other loss or damage that I may directly or indirectly cause to any real or personal property. 6. Consent To Medical Care. I authorize each of the Released Parties to call for medical care for me or to transport me to a medical facility at my expense if medical attention is needed. I also authorize any physician or other medical provider or facility to provide any emergency medical/surgical care. I acknowledge and agree that none of the Released Parties is under any legal obligation to render assistance to me. 7. Company Owns The Exclusive Right To Use My Name And Likeness From This Event. I irrevocably grant to Company and each of its licensees, successors and assigns, and each of the authorized photographers/media personnel acting on their behalf, without additional compensation, the unrestricted right to videotape, film, portray and photograph me and my actions and record my voice and other sound effects while I am present at the Event. I irrevocably grant to Company the exclusive right to use my name, image, likeness, voice and biography for any purpose and in any manner, including, without limitation, in connection with the distribution, advertising, promotion, commercial tie-in or other ancillary exploitation of the Event, and any entertainment programming related thereto, in whole or in part, in all media and by all means now known or hereafter devised and in all languages, throughout the universe in perpetuity. My Participation in the Event (the “Proceeds”) will be deemed a “work-made-for-hire” specially commissioned by Company within the meaning of all applicable laws and, accordingly, Company will be the sole and exclusive owner thereof for all purposes. To the extent necessary to vest all of the rights in the Proceeds in Company, I hereby irrevocably assign to Company all of my right, title and interest of every kind or nature which I may have or hereafter acquire in the Proceeds. If I receive any print, negative, tape or other copy of the Proceeds or the Event, I will retain it for my personal use only, and will not license or authorize its use by anyone else for commercial or private purposes. If directed by the Company, I agree to wear at least one Nitro Branded item of headgear, riding gear or a t-shirt during the Event. 8. California Law Applies. This Release, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to the principles of conflicts or choice of laws. The exclusive jurisdiction of any Claim or dispute arising out of or relating to this Release shall be in the courts of the State of California. 9. Severability. This Release, will be binding to the fullest extent permitted by law, and will be binding upon each of my heirs, successors and assigns. If any provision of this Release, is held to be invalid, illegal or unenforceable, such provision will be curtailed and limited only to the minimum extent necessary to comply with applicable law, and the validity, legality, and enforceability of the remaining provisions of this Release will not in any way be affected or impaired thereby. I acknowledge and understand that this Release is an important legal document, and by signing this document I am waiving substantial legal rights I may otherwise have to recover damages for Injuries or losses, and sign it voluntarily and without inducement of any nature and intend for it to be enforced to the greatest extent allowed by law. I am 18 years of age. Executed this ____________ day of ______________, 2019 Signature of Participant: __________________________________________________________________________ Name of Participant (please print): _________________________________________________________________ Home Address: _________________________________________________________________________________ City/State/Zip Code: _____________________________________________________________________________ Emergency Contact Name/Telephone Numbers: ______________________________________________________ 2 .

Load more

  2

Copy Link